George S May Intl, et al v. Xcentric Ventures, et al Doc.

157
Case 1:04-cv-06018 Document 157 Filed 09/15/2006 Page 1 of 5

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

GEORGE S. MAY )
INTERNATIONAL COMPANY, )
)
Plaintiff, )
) Case Number 04-C-6018
-vs- )
) Judge Norgle
XCENTRIC VENTURES, LLC, )
RIP-OFF REPORT.COM ) Magistrate Judge Mason
BADBUSINESSBUREAU.COM, )
ED MAGEDSON, VARIOUS )
JOHN DOES, JANE DOES AND )
ABC COMPANIES, )
)
Defendants. )

AGREED MOTION FOR AN EXTENSION OF TIME TO COMPLETE DISCOVERY

Plaintiff George S. May International Company (“GSMIC”), by its counsel, hereby

moves for an extension of time to complete discovery. Defendants, by their counsel, have

indicated that they are in agreement with this motion and the corresponding dates requested with

this extension. Plaintiff states in support of this motion as follows:

1. GSMIC and Defendants submitted an agreed discovery schedule, which was

signed by the Court on May 24, 2006 and entered on May 30, 2006. See Order, attached as

Exhibit A. Since the entry of that order, both parties have exchanged written discovery and

issued third party subpoenas for documents.

2. Disputes have arisen during the course of written discovery which the parties have

attempted in good faith to resolve. In fact, the parties have exchanged letters and have had

approximately five telephone conferences spanning several hours in a good-faith attempt to

resolve their disputes.

Dockets.Justia.com
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3. Furthermore, in an effort to resolve part of their disputes, and in addition to the

telephone conferences, the parties exchanged drafts of proposed protective orders, and submitted

an agreed protective order to the Court for approval. Some documents have been withheld

because no protective order is in place, and the parties anticipate that once the protective order is

entered by the Court, the parties will supplement some document production. Moreover, this

Court has given leave to Plaintiff to reissue its subpoena to PayPal, Inc., and Defendants agreed

to withdraw their motion to quash a subpoena directed Creative Business Investment Concepts,

Inc., pending the entry of a protective order.

4. While Plaintiff anticipates that the entry of a protective order will resolve some of

the disputes relating to document discovery, it is anticipated that there will be some practice with

respect to motions to compel to resolve outstanding disputes. Once the protective order is

entered, the parties are going to continue to work to resolve document discovery issues prior to

filing motions to compel. Since the parties need to resolve the document discovery issues and

issues that may need to be raised in motions to compel, the parties have not taken oral discovery

depositions.

5. The parties are also scheduled to appear before the Court on September 20, 2006

to set a date for an evidentiary hearing on the issue of the contempt sanction, to discuss dates and

any witnesses they intend to call.

6. During the course of their telephone conferences regarding discovery, Plaintiff’s

counsel and Defendants’ counsel have discussed obtaining an extension of the discovery

deadlines in this case. Defendants’ counsel contacted Plaintiff’s counsel via telephone on the

afternoon of Friday, September 15, 2006, and indicated that she was in agreement with this

motion for an extension of time to complete discovery and the dates requested.

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7. In light of the foregoing, Plaintiff, and with the agreement of Defendants,

respectfully requests that this Court grant an extension of the discovery deadlines. The extension

of the discovery deadlines is not being sought for an improper purpose nor to affect undue delay,

and the parties have made good faith efforts to resolve discovery disputes and formulate an

agreed protective order to facilitate discovery. Additionally, since the Court indicated it will

hold an evidentiary hearing while discovery on the merits of this case is proceeding, an extension

is warranted.

8. Specifically, Plaintiff, and with the agreement of Defendants, requests an

additional ninety days to take fact discovery, up to and including January 11, 2007. Plaintiff,

with the agreement of Defendants, also requests that the corresponding deadline for disclosure of

experts and retained expert reports be extended up to and including February 12, 2007, and the

deadline for expert discovery to be completed extended up to and including March 14, 2007.

WHEREFORE, Plaintiff, and with the agreement of Defendants, respectfully requests

that this Court grant this Agreed Motion for an Extension of Time to Complete Discovery,

allowing an additional ninety days to complete fact discovery, up to and including January 11,

2007; allowing the deadline for disclosure of experts and retained expert reports to be extended

up to and including February 12, 2007, and allowing the deadline for expert discovery to be

completed to be extended up to and including March 14, 2007.

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DATED: September 15, 2006 Respectfully submitted,

GEORGE S. MAY INTERNATIONAL

COMPANY

By: s/Rachel M. Kindstrand

One of Its Attorneys

Attorneys for Plaintiff:

Bart A. Lazar, Esq.
Ronald L. Lipinski, Esq.
Rachel M. Kindstrand, Esq.
SEYFARTH SHAW LLP
55 East Monroe, Suite 4200
Chicago, Illinois 60603
Telephone: (312) 346-8000
Facsimile: (312) 269-8869

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CERTIFICATE OF SERVICE

I hereby certify that on September 15, 2006, I electronically filed the Agreed Motion for

an Extension of Time to Complete Discovery with the Clerk of Court using the CM/ECF

system, which will send notification of such filings to the following:

James K. Borcia
David O. Yuen
Tressler, Soderstrom, Maloney & Priess
233 South Wacker Drive, 22nd Floor
Chicago, Illinois 60606-6308

Maria Crimi Speth

Jaburg & Wilk, P.C.
Great American Tower
3200 North Central Avenue, Suite 2000
Phoenix, AZ 85012

s/ Rachel M. Kindstrand

CH1 11113122.1